Appellate Division of the Supreme Court of the State of New York October 9, 1936 (Newton v. Scott)

Order reversed on the facts as a matter of discretion, with ten dollars costs and disbursements. Memorandum: We regard the stipulation extending plaintiff’s time to serve a complaint until twenty days after the attorney for respondent should have served a written demand therefor, and the failure by the respondent to serve such a demand at any time, as sufficient to absolve the plaintiff committee